Revolutionary War Pension and Bounty Land Warrant Application File S. 44802, Jabez Ely, Conn

SERVICE
NUMBER
bonn
Ely, Jabez
S. 44802
CONTENTS

No 19.798
New York
Sabry Ely
of Garnerville in the State of N. York who was a Private in the company commanded by Captain Waters of the regiment commanded by Colonel Parsons in the Connecticut line, for the term of one year from December 1775 to
17
Inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence on the 11 th day of July 1827
Certificate of Pension issued the 9 th of Augt 1827 and sent to John K. Stower, Esq. Hamilton, Madison Co. N York
Arrears to 4th of Semi-ann. all'ce ending 4 Sep 1827 $ 14. 47 $ 14. 47
{ Revolutionary Claim, Acts March, 18, 1818, and May 1, 1820. }

due to pay March 2 o 1837

State of New-York Machin County ss }
DISTRICT OF
On this twenty first day of April 1819, before me the subscriber, one of the Judges of the Court of Common Pleas for the County of Machin said district , personally appeared Jabez Ely County aged sixty five years, resident in Hamiltas in the said district , who being by me first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war:" That he, the said Jabez Ely enlisted in Saybrook in the state of Connecticut in the company commanded by Captain Abraham Waters of the Regiment of Infantry commanded by Colonel Samuel H. Parsons in the Connecticut line on or about the first of December 1775 ; that he continued to serve in the said corps, or in the service of the United States until the first of January 1777, when he was discharged from service in Kingsbridge in the state of New-York, that he was in the battles of
and that he is in reduced circumstances, and stands in need of the assistance of his country for support ; and that he has no other evidence now in his power of his said services. Jabez Ely
Sworn to and declared before me, the day and year aforesaid.
Samuel Payne
I, Samuel Payne Judge, &c. as aforesaid, do certify, that it appears to my satisfaction, that the said Jabez Ely did serve in the revolutionary war, for nine months on the continental establishment, as stated in the preceding declaration, against the common enemy, for the term of nine months, on the continental establishment ; and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress.
at Hamiltas Apr 21. 1819.
Samuel Payne

State of New-York
Madison County ss. I, Daniel Ely of Hamilton in the County of Madison being duly sworn deponeth & saith that the within named Isabe Ely is a brother of this deponent. That this deponent knew that the said Isabe Ely entered the service of the United States some time about the first of January 1776, in which service he continued until about the first of January 1777 when he was discharged at or near Kingsbridge in the State of New-York, this deponent having himself received the said discharge from the Commander in Chief. The said Isabe Ely then being sick. & this deponent further saith that the said Isabe Ely has no property, but that he is poor & needy in his circumstances.
Daniel Ely
Sworn to & subscribed before me this 21. day of April 1819.
Samuel Payne a Judge of Madison Court Pleas
J. H. Franklin Co. New-York Hamilton Co. Madison Co. New-York

State of New York Madison County Clerk's office,
I certify that it appears from the records of my office & from the oath of office of Samuel Payne on file in said office that
the said Samuel Payne on the twenty first day of April one thousand eight hundred and nineteen was a Judge of the Court of Common Pleas of Madison County, & further that the signature of Samuel Payne to the certificates & affidavits hereto annexed appear to be in the then writing of the said Samuel
Dated June 16. 1819.
J. M. Hunsdick

The veracity of a deponent is not subject to the same test as that of a witness.
Paper in the case of Ithaca 87 an Indigent Rev. Solelius =
Connect line Col. Parsons Decent 1775
Jany 1777
Further proof of service wanted. The testimony of one other cred- ible & disinterested witness for the Certificate of an officer of the regt duly sworn & authenticated. The Judge will certify to the credibility & disinterestedness of the witness: also to the financial circumstances of the applicant.
Sam. Lake of Batavia N. York Agent

State of Connecticut New London County ss. Abraham Perkins being by me duly sworn according to law doth on his oath say that he was a sold- ier in Col. Saml. H. Pearsons Regiment of the Connecticut line during the year 1776. That he was then personally acquainted with Jabez Ely and knows that he entered the service of the United States on or about the 1 st of January in the year 1776 & served in Capt. Abraham Waters Company in Col. Pearsons Regiment that he done the duty of a soldier in said Company untill the month of July or first of August following , when he was taken sick. That the Deponent saw him afterwards in the Hospital at New York. That the sick belong- -ing to the army were removed to Stamford in the fall following Connecticut. And the Deponent further says he was personally acquainted with the said Jabez Ely after he returned home to his residence in the Town Lyme in Connec- -ticut. & has now doubt but of his being honorably discharged at the expiration of his Enlistment on the 1 st of January 1777 but cannot state positively, as he was not present at the time

And further the Deponent says not — Sworn and Subscribed } Abraham Perkins this 21 st day of October } 1820 Before me — }
Joseph E. Ely Justice of Peace
Lyme 21 st Oct r 1820 — I the subscriber Certify that I am personally acquainted with the above named Abraham Perkins & that he is a person of credibility and that his testimony may be depended upon —
Joseph E. Ely Jus. of Peace
New London County ss.
I do hereby certify that Joseph E. Ely of Lyme, in New London County, Esquire is, and on the 21 st day of October inst., was, a justice of the Peace in the County of New London, duly qualified and acting under the authority of the State of Connecticut, and that the two signatures sets above, are his signatures & in his handwriting
In testimony whereof I have hereunto set my hand & affixed the seal of the County Court of said New London County, at Norwich in said County this 27 th day of October A.D. 1820
Charles Lethrop Clerk

18,087 Saber Ely Inventory Copy
Adm. $29.30
Applicant, aged 67 yrs:
wife, aged 50 yrs -
"live with their son John - are wholly dependent on their children for support."
Deed one year -
see acct n within.

At a Court of common Pleas held at the Court House in the Village of Batavia, in & for the County of Genesee in the State of New York, on the twelfth day of June, of the Term of June 1821- being a Court of Record, in pursuance of the 41 st Article of the Constitution of this State, which has unlimited Jurisdiction, and keeps Records of its proceedings. —
Present the Hon. John H. Jones John Lee Samuel M c Whorter & John Z. Ross Judges
Genesee County ss. On this thirteenth day of June 1821, personally appeared in open Court, (being a Court of Record) Iabez Bly, aged Sixty seven Years, resident of the Town of Gainesville in said County, who being first duly sworn according to Law, doth on his oath declare that he served in the Revolutionary War as follows, Viz. One Year, during the whole of the Year 1776- that he enlisted for one Year in the month of December 1775- and served in Capt. Abraham Waters' Company in Col. Saml. H. Pearson's Company Regiment of the Connecticut line, that his original Declaration is dated, the twenty first of April 1819- and accompanies this schedule & oath, — and I do solemnly swear, that I was a resident citizen, of the United States on the eighteenth day of March one thousand eight hundred and eighteen, and that I have not since that time by gift, sale, or in any manner whatever, disposed of my property, or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the Land and Naval Service of the United States in the Revolutionary War." Passed, on the eighteenth day of March

one thousand eight hundred and eighteen, and that I have not nor has any person in trust for me, any property or security contracts or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed. —
Schedule. —
  One set of old Shoemakers tools worth $1.50   one case of drawers, old & poor 2.00   Two common low Chests 2.00   one old Fall leaf Table 1.00   Four Kitchen Chairs 1.00   Old Fire Shovel & Tongs 1.25   one Five pail Kettle $4.00 } 9.00   one Dish Kettle 1.00   one Tea Kettle 1.00   one Old Frying pan .50   Two Flat Irons 1.00   2 pair small Steelyards .75   1 Iron Crand .75   1 Set Knives & Forks .75   1 Set common Iron Spoons .50   1 Set Tea Spoons .37 } 4.87   1 Set Cups & Saucers .25   1 Pepper Platter .75   6 Earthern Plates .50   3 Quart Bowls .50   1 Tea Canister .25   3 Earthern Milk Pans 0.75   1 Tin do. .25 

  2 Wooden Pails _____ .50   2 Old Spinning Wheels _____ 3.00   2 Meat Barrels _____ 1.00   1 Lantern _____ .25   1 Small Looking Glass _____ .50   1 Wash-Tub & 1 Churn _____ 1.00   1 Bread Tray _____ .37   2 Old Candlesticks _____ .06 
6.68   $29.30
And the Deponent further, says that he is a Shoemaker, by profession, but in consequence of loss of Eye-sight is not able to do any work, that he has a Wife named Polly, aged fifty eight Years to provide for, that they live with their Son John Ely, and are wholly dependant on their children for support, and further, says not. —
Sworn and subscribed this thirteenth of June 1821. Before me in open court.
Saber Ely
C. L. Sheldon Clk
I Chauncy L. Sheldon Clerk of the Court of Common Pleas in and for the County of Genesee do hereby certify that the foregoing oath and the schedule thereto annexed are truly copied from the record of the said Court, and I do further certify that it is the opinion of the said Court that the total amount in value of property exhibited in the aforesaid schedule is twenty nine Dollars and thirty Cents. In testimony whereof I have hereunto set my hand and affixed the seal of said Court on this fourteenth day of June 1821. —  C. L. Sheldon Clk
$29.30

August 3, 1911.
Hon. Henry A. Barnhart, House of Representatives.
My dear Mr. Barnhart:
In response to your letter dated the 3 rd instant and received this day, requesting information for Mr. Stuart MacKibbin, of South Bend, Indiana, I have the honor to advise you that Jabez Ely, Sur. File No. 44,802 , applied for pension April 21, 1819, at which time he resided at Hamilton, Madison County, New York, and was sixty-five years of age.
He was a resident of Lyme, Connecticut when he enlisted for one year at Saybrook, Connecticut, about the first of December, 1775, in Captain Abraham Waterhouse's company, Colonel Samuel H. Parson's regiment, 10th Continental Infantry; in the Summer of 1776, while digging a well at a Fort in the vicinity of New York City, he contracted an illness and was sent to the hospital at Stamford, Connecticut, where he remained until his brother Daniel Ely came and procured his discharge January 1, 1777.
His claim was allowed. In 1821 he stated that he and his wife Polly aged fifty-eight years, resided with their son John Ely at Gainesville, Genesee County, New York.
Very respectfully,
August 3, 1911.
Commissioner.
Record Division.

State of New York Madison County.
Daniel Ely of said County being duly sworn deposes and saith. That sometime in the month of October 1776. having heard that his Brother Deber Ely, who was then a soldier in the Army of the United States, was lying sick at Hampton in the State of Connecticut, the Deponent went to the surgeon who had the care of the sick & wounded in the Army in that place in order to ascertain the situation of his Brother and whether it was probable he would soon recover & be able to join the Army. When he learned from the said surgeon that the disorder under which the said Deber Ely was then confined, was a fever contracted while in the Army, near New York, and that he had been informed by the said Ely, & several other soldiers, that he was attacked immediately on coming out of a hill where the troops were digging in a fort which was built on a height near the City of New York.
This Deponent further saith that the said surgeon gave him the Deponent a written statement of the case of the said Deber Ely in which was mentioned the facts above related, which he presented to General Washington, who immediately gave the said Deber Ely an honorable discharge from the service, on account of his inability to render his Country any further service & further this Deponent saith not.
Daniel Ely
Sworn to & subscribed this 9th day of September 1823 before me Thomas Tylor - a Justice of the Peace in & for the County of Madison.

Record Division.
August 11, 1911.
Mr. Stuart MacKibbin,
5 Merchants Bank Building,
South Bend, Indiana.
Sir:
In response to your letter dated the 7 th and received the 9 th instant, relative to the official record of Jabez Ely, Sur. File No. 44,802, Rev. War, furnished to the Hon. Henry A. Barnhart on the 3 rd instant, you are advised that the service stated was considered as proven by the allowance of his claim for pension, which fact was mentioned in said letter.
Owing to lack of a clerical force available for such a purpose, this Bureau is unable to furnish copies of papers on file, but any one designated by you will be allowed to examine and copy the papers in the above noted claim.
Very respectfully,
Commissioner.

STUART MACKIBBIN ATTORNEY AND COUNSELOR AT LAW NO. 5 MERCHANTS BANK BUILDING SOUTH BEND, IND.
August 7th, 1911.
Commissioner of Pensions, Washington, D.C.
Dear Sir:
I desire to procure certified copies of the records in your office showing the military record of Jabez Ely, File No. 44802.
My understanding is based upon a letter written by you dated August 3rd, to Hon. H. A. Barnhart, M.C., that Mr. Ely enlisted about December 1st, 1775, in Capt. Waterhouse's Company, Tenth Continental Infantry, Sam'l. H. Parsons, Colonel, and that Mr. Ely was discharged January 1st, 1777.
I desire to have proof that Jabez Ely was regularly enlisted and served in the continental army and assume the records of your office will so show.
Kindly advise me as to the cost of a certified copy of these records.
Thanking you in advance, I am,
Very respectfully,
Stuart Mackibbin
SMcK/EBW

1911 Aug. 3. Hist. to Hon. Henry A. Barnhart 1911 Aug. 11 - Stuart Mat Kibbin, service proved by allowance of claim, copies of papers not furnished c
44802 INVALID. Rev
File No. 44802
Jabez Ely Priv. Rev. War.
Act: 18 th March 1818 & 1 st May 1820. Index:—Vol. 3 , Page 15-3
[Arrangement of 1870.]

I Silah Griswold of Saybrook in the County of Middlesex and State of Connecticut of lawful age testify and say, that on or about the first of December 1775. I was by force of arms in the County of New London in said State but now of Gainsville, County of Genesee, in the State of New York, enlisted (with my self) in the United States service under Capt. Abraham Watrous, in the Regiment commanded by Col. Saml. H. Parsons. for the term of thirteen months. and I was knowing to his serving the whole of said term, and was then Honorably discharged. And further saith not. Silah Griswold
State of Connecticut ss Saybrook December 16 th 1825 Middlesex County ss Personally appeared Silah Griswold, signed and made solemn Oath to the truth of the foregoing deposition. Before me Clark Root a Justice of the peace for the County of Middlesex
A State of Connecticut ss Saybrook July 9 th - 1827 Middlesex County ss. ] Clark Root — the above named justice do certify that I am personally acquainted with Silah Griswold who made the above deposition & I certify that he is a credible witness & a man of truth & veracity Dated July 9 th - 1827. Clark Root. Justice of peace
B

I Philip Tooker of Saybrook in the County of Middlesex and State of Connecticut of lawful age do hereby certify and say that on or about the first of December 1775 I then formerly of Lyme in the County of New London in said State but now of Gainsville County of Genesee in the State of New York enlisted with myself in the United States Service under Capt Abraham Watrous in the Regiment commanded by Col Samuel H Parsons for the term of thirteen months and was honorably discharged the whole of the term and was then honorably discharged Philip Tooker and further say the not
State of Connecticut to Saybrook December 16 th 1825 Personally appeared Philip Tooker Signer and made solemn oath to the truth of the foregoing Deposition before me Eben Hayden a Justice of the Peace for the County of Middlesex,
State of Connecticut Middlesex County B. I do hereby certify that I am personally acquainted with Philip Tooker who made the above deposition and I certify that he is a credible witness & a man of truth & veracity Baker 1827.

State of Connecticut v. Saybrook July 9 th 1827
Midleny County to Ichab Snowdon of Saybrook in the County of Middlesex of State of Connecticut being duly sworn this deponent says that on or about the first of December 1775. Ichab Ely formerly of Lyne in the County of New London in said State & now a resident of Gainsville in the State of New-York volunteer engaged with myself in the Continental Army in the Company of Capt. Abraham Easton in the Infantry Regiment of Colonel Samuel H. Parsons in the Connecticut line, & this deponent further saith that the said Ichab Ely continued to serve in the Continental Army until about the last day of December 1776 when he was horribly wounded at Princeton the State of New York
deponent saith that about the day of July 1776 Ichab Ely was employed in digging a fort Putnam (according to my recollection) near the City of New-York, that he was soon after taken sick & his disorder was attributed to the unhealthy nature of his employment in digging said works, that he continued sick till the expiration of his time of service, & was removed during his illness to the hospital at Stamford. which was on the 15 th of July 1776 that this deponent was in the same during the whole time & had opportunity to know the above facts.
And further saith not
Ichab Snowdon

State of Connecticut } Saybrook July 9 th 1827 Middlesex County ss } upon me Clark Vott justice of the peace Personally appeared, Silas Griswold, signed and made solemn Oath to the truth of the matters stated in the within Deposition - And I do further testify that I am personally acquainted with with Silas Griswold, who made the within Deposition, and that he is a man of truth and veracity
C
Clark Vott, a justice of the peace for the County of Middlesex, Conn.
State of Connecticut County of Middlesex } William H. Eiss assistant Clerk of the County Court - for the County of Middlesex (duly appointed & sworn) do certify that Clark Vott was on the 16 th day of Dec r 1825 - and also on the 9 th day of Jan y 1827 - and now is a Justice of the Peace within and for the County of Middlesex as per commission on file in my office and that his name subscribed to the preceding certificates marked A. B & C - is his proper handwriting and signature
In Testimony whereof I have hereunto set my hand & affixed the seal of said Court this 11 th day of Jan y A.D. 1827
Wm H Eiss Atty Clerk

Washington 24/7 August 27
Sir
Personnel Office August 27th 1957
Hon. James Barksdale Secretary at War Washington City

Tammany Hall New York Aug 2 1.1827
Hon. Jos. Barbour.
Sir
Enclosed are additional proofs in the case of David Ely an applicant for the benefit of the act of Congress in favor of Revolutionary Pensioners. His papers are in the hands of Mr Edwards. They were I believe originally made out by some other person & the difficulty in the case as I have endeavored to in- dicate is not that it appeared from those papers, he did not serve his time out. The enclosed proofs will show the reason why he was not in actual service & I trust will be satisfactory on that point: an opinion has been entertained by the person who formerly had charge of the claim, that if Ely did not serve his enlistment out, altho' prevented by sickness, yet he was not entitled to the pension - I stated this point to Mr Edwards & have an answer under date of Aug 2. 1826 from which the following is an extract "The law requires any claimant to have performed nine months actual service under an act of engagement; but in a case where a claimant has been prevented by sickness from performing his duty, & that sickness has been produced by circumstances incident to the performance of that duty, & has not left the army while laboring under his indisposition he is considered all the while as in actual service." It now appears from the evidence of Loker & Gurney shows that Ely did not leave the service

Should there still be any thing further needed to substantiate the claim, if Mr Edwards will advise me of the defect I will supply it I believe however the papers are now sufficient
Very respectfully yours
Geo. H. Stowe

Simsville Glendale County N.Y. January 2 nd 1824
Sir
You will receive herewith the deposition in the case of Sabaz Ely an applicant for a pension under the Law of the 18 th March 1818.
I cannot but indulge a hope that the facts set forth in these depositions will be considered sufficient to entitle M c E. to participate in the funds which have been so liberally appropriated by the Government, for the relief of the needy soldiers of the Revolution.
Will you have the goodness to inform me as soon as consistent the effect which these papers may have upon the application of M c Ely? whether there is any deficiency in the form of taking or certifying them, & whether it will be useful to M c E to attempt to obtain further proof in the premises?—
I am with due consideration
Your Obedient Serv t
John W. Brownson
J. Edwards Esq.

SIXTY-SECOND CONGRESS.
MORRIS SHEPPARD, TEX., CHAIRMAN. JOHN L. BURNETT, ALA. FRANK CLARK, FLA. JAMES C. CANTRILL, KY. S. A. RODDENBURY, GA. CARTER GLASS, VA. WILLIAM A. ASHBROOK, OHIO. HENRY A. BARNHART, IND. JAMES M. GUDGER, N. C. EDWIN S. UNDERHILL, N. Y. JOHN E. ANDRUS, N. Y. RICHARD W. AUSTIN, TENN. JOHN M. NELSON, WIS. BURTON L. FRENCH, IDAHO. HORACE M. TOWNER, IOWA. IRA C. COPLEY, ILL. JESSE L. HARTMAN, PA.
FRANK P. LOCKHART, CLERK.
COMMITTEE ON PUBLIC BUILDINGS AND GROUNDS, HOUSE OF REPRESENTATIVES U.S.,
WASHINGTON, D. C.
August 2, 1911.
Honorable Commissioner of Bureau of Pensions, Washington, D. C.
Dear Sir:-
The enclosed letter from a constituent of mine asks for some information concerning the service of a Revolutionary War soldier, and while it is somewhat indefinite, I hope you will make an effort to get this information as Mr. MacKibbin is one of the foremost citizens of my district and I am quite anxious to serve him.
Very respectfully,
H. A. Barnhart
Enclosure.

Meek. & Farnum's Bank Albany Pension Agency January 16. 1837.
Sam, L. Edwards Esq., Commissaire of Pensions,
Sir,
Isaac Bly, a Pensioner under the act of 18th March 1818, claims pay upon the enclosed Vouchers, from 4 Ap. 1833, to 4th March 1834 - & from 4 Ap. 1835 to 4th Ap. 1836.
It appears by our Books, that he is entitled to pay for the latter period only -
Be pleased to instruct us, whether or not we shall pay him for both periods upon these Vouchers -
I am, Sir,
very Respectfully
Your obedt Servt
Thos M c Clusky
Dist Pen Agt

To what time was Jabez Ely, act 1818, N. York roll, last paid? He alleges that six months are due from Sept. 4. 1833 to March 4. 1834. Is it so?
It does so appear on the Books of this office
JH
J L Edwards March 2. 1837

Gainesville N.Y. Jan'y 14 th
FREE
Robert Ely, Esq. National evidence
Hon. J. C. Calhoun Esq.
Secretary of War
Washington
Pension Office
Pen: to com: 11 July 1827
Send cert: to John G. Stowe Esq.
Hamilton
Madison Co.
N.Y.

State of Connecticut Middlesex County ss 3 Saybrook July 1 st 1829 I Philip Tooker of Saybrook of lawful age in the County of Middlesex & State of Connecticut being duly sworn depose & say that on or about the first of December 1795 Saba Ely formerly of Lyme in the County of New London in the State & now a resident of Gainesville in the State of New York enlisted together with myself in the Continental Army in the Company of Capt. Abraham Watson in the Infantry Regiment of Col. Samuel H. Parsons in the Connecticut line, & this deponent further saith that the said Saba Ely continued to serve in the Continental Army until about the last day of December 1776 when he was honorably discharged at Philip Mannes in the State of New York & further this deponent saith that about the 8 th day of July 1776 said Ely was employed in digging a well at Fort Putnam according to the best of my recollection near the City of New York, that he was soon after taken sick & his disorder was attributed to the unhealthy nature of his employment in digging said well, that he continued sick until the expiration of his term of service, and was carried during his illness to the

Hospital at Strasburg which was in Sept 15 th 1864 while the Army was on the retreat, that this deponent was in the service during the whole time had opportunity to know the above facts
And further the Deponent with not Phillip Boockers
State of Pennsylvania Middlesex County ss. Sayre July 9 th 1829
Personally appeared before me Clark Vott — Justice of the peace signed and made solemn oath to the truth of the matter stated in the within & foregoing Deposition — And I do further certify that I am personally acquainted with the said Philip Boockers, who made & swore to the within Deposition, & that he is a man of truth & veracity
Clark Vott — Justice of the peace for the County of Middlesex, A. cont.

State of Connecticut County of Middlesex
TO William H. Fisk assistant Clerk of the County Court
For said County of Middlesex, duly appointed and sworn) do certify that Clark Stone Esquire was on the 9 th day of July 1827. and now is a Justice of the Peace within and for said county of Middlesex as per commission on file in my office and that his name subscribed to the within certificate is his proper hand writing and signature
In Testimony whereof I have hereunto set my hand and affixed the seal of said Court this 11 th day of July A.D. 1827
William H. Fisk Atty Clerk
the notice, and all up to the

State of New York Seneca County ss.
I, Abner Ely, of Seneca County, being duly Sworn, Depose and saith, That he is an appli- -cant for a Pension under the Law of the 18 th March 1818, and that he has recently learned that his said application has been rejected by the Secretary of War on the ground that he has not made sufficient proof of having served nine months under one Enlistment in the Army of the U.S. as the said Law requires. The Deponent further saith that it is true that he was disabled from doing duty in the Corps to which he belonged for some time previous to his being discharged from the Army by reason of a violent disease which he had contracted in digging a very deep well in a Fort which was commenced on an eminence near the City of New York in the summer of 1779, a party of Soldiers being detailed daily for several weeks to work in said well, of which remember this deponent was one. — The Deponent further saith that said well was continued to be worked until it was between twenty & thirty feet deep without coming to 'water' & was not finished on the 15 th Sept. 1776 when the American Troops retreated from N. York, at which time the Deponent was dangerously ill of a disease contracted by being exposed to the dampness or foul air which collected in said well. — The Deponent further saith that there being no water in said Fort, it was considered indispensible measure that said well should be finished and that after the Officers found the bad effects of oppressing the soldiers by sending them into the

Said well, they held a council with the Surgeon when it was agreed that one man on descending the well should only fill one tub with dirt & then be drawn up, which plan was continued until it was found that the men thus exposed were many of them immediately attacked with violent headaches attended with fever & delirium some of whom died with said Disorders.
The Deponent further saith that the last time he descended into said well, he was drawn out by his comrades that on coming to the air he was unable to stand, was immediately attacked with fainting which was followed by a violent headache, fever & delirium from which he had not recovered at the time of the retreat of the American Army from New York when this Deponent with many other sick & invalid Soldiers were removed by order of the Commander in Chief to Stamford in the State of Connecticut where he remained sick until some time in the month of October as near as the Deponent can recollect. When his Brother, Daniel Ely came to the Hospital where he was lodged & obtained from the Surgeon under whose care he was a certificate that this Deponent was wholly incapacitated for said service to render any further service to his Country, on which Certificate General George Washington gave to this Deponent an honorable discharge from the Army which was sent to him from Head quarters by the said Daniel Ely who had applied for the same - Further this Deponent saith not - of Ely
Sworn & subscribed the 26 th day of July AD 1823
Before me John W. Brown Notary of the Peace.